Legal Opinion

Webb v. Clark

The Superior Court of New York City

Decided June 15, 1849PublishedCited by 3 opinions

Demurrer to a complaint, for the reason that it was verified by a book-keeper, and no cause stated why it was not verified by the plaintiff.

1Opinion of the CourtBy the Court. Sandford, J.

The defendant has mistaken his remedy. He should have moved to set aside the complaint for irregularity. The verification forms no part of the pleading which can be considered on a demurrer.

Demurrer overruled.

2Cited by3 opinions

  1. Warner v. WarnerSupreme Court of Kansas · 1873
  2. Hughes v. FeeterSupreme Court of Iowa · 1864
  3. Soule v. ChaseThe Superior Court of New York City · 1863